EP 5: The Waiting

An Absurd Result

Linda gets a visit from a prosecutor who tells her: We know who did this, and we’re going to charge him. But there’s a problem. It starts where a lot of old sexual assault cases do: with the statute of limitations. Montana’s clock to prosecute this case expired with the wrong man in prison. But a law that makes an exception for DNA comes into play. Tipton’s charged under this newer law, even though that move hits another roadblock: a 2003 Supreme Court decision that didn’t allow California to apply a new statute of limitation to an old rape case. A judge in Billings must decide if she’s going to go against the country’s highest court and let the charges stand.

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